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12 Years of Persistence Rewarded With $4.9 Million Verdict in Malpractice Case
In 2005, Zobel, a West Palm Beach attorney, filed a legal malpractice lawsuit against Becker & Poliakoff on Young's behalf in Palm Beach Circuit Court.
Four years later, Young's case went to trial.
From the witness stand, managing partner Alan Becker testified that an associate at his firm, Thomas Romeo, filed the case against BellSouth unbeknownst to his supervisors. He called Romeo a "rogue employee."
Romeo was disbarred by The Florida Bar in 2003, according to Bar records. The disbarment was not related to the Young case.
Subpoenaed by both sides to testify in the Young case, Romeo denied any wrongdoing.
An e-mail was produced at trial from Becker ordering the West Palm Beach office to investigate Young's file. The e-mail suggested the firm was aware of the dismissal of Young's lawsuit. Zobel argued Becker & Poliakoff deliberately delayed telling Young until the Ruden case was settled.
Additionally, Palm Beach Gardens forensic economist Bernard Pettingil Jr. testified about Young's projected wage losses at BellSouth. He estimated Becker & Poliakoff's revenue for the last five years totaled $49 million per year. Zobel asked for Becker & Poliakoff's total net worth, which the expert witness estimated to be $10 million.
In mediation, Becker & Poliakoff offered to settle for $25,000, but Young walked out, Zobel said. A week later, the offer was raised to $100,000. In trial, it rose to $500,000. By closing arguments, Becker & Poliakoff offered $900,000, and Young turned them down, Zobel said in an interview.
Jurors awarded Young $4.9 million, including $4.5 million in punitive damages and $394,000 in lost wages on Sept. 16. The punitive damages are especially harsh for Becker & Poliakoff as malpractice insurance generally does not cover these types of damages.
In an interview, Becker called the verdict "excessive" and said he has hired appellate lawyer Bruce Rogow of Fort Lauderdale to file an appeal.
"Apparently, the jury did not believe me, the supervising lawyer who no longer works for us and came from Mississippi to testify and the written documents that supported everything we said," he said. "Instead, they believed a rogue lawyer who had been disbarred."
Zobel, who took the case on a contingency fee basis, said: "I feel good about the verdict. I was very happy to see a Palm Beach County jury recognize the duty these lawyers owed to this woman and that they were willing to punish the lawyers for breaching their fiduciary duty to her."
Young, who now works at Palm Beach Atlantic University, said she doesn't think badly of lawyers because of her experiences with Ruden and Becker -- and is considering attending law school.
"I think those were two isolated incidences," she said. "I just hope I'm still alive when the appeals are finished."
